Military Rehabilitation and Compensation Act 2004

A person may make an application to the Commission for a determination that the person is included in one of the following classes of persons (a determined class):

a class of persons determined by the Commission under subsection 257B(1);

a class of persons determined by the Commission under subsection 257B(2).

The application may be made on behalf of the person:

with the person’s approval; or

by the person’s legal personal representative; or

if the person is unable, because of physical or mental incapacity, to approve someone to make the application on the person’s behalf—by another person approved by the Commission; or

if the person is under the age of 18 years:

by a parent or guardian of the person; or

by someone approved by a parent or guardian of the person; or

if there is not a parent or guardian of the person alive, or willing and able to make, or approve someone to make such an application on behalf of the person—by another person approved by the Commission.

The application is to be lodged at a place approved by the Commission under subsection 323(2) and is taken to have been made on a day determined under that subsection.

If an application has been made under subsection (1) in respect of a person, the Commission must determine:

if the Commission is satisfied that the person falls within a determined class—that the person is included in that determined class; or

otherwise—that the person is not included in a determined class.